Government Solutions Blog | Fisher & Phillips LLP
News, commentary and legal updates from Fisher & Phillips attorneys who
specialize in government relations.

The DOL Remains Unpersuaded - New "Persuader" Rule is Coming Soon

December 10, 2015 02:30
by Gregory D. Hanscom
The anxiety of employers and labor attorneys only worsened this week when the Department of Labor took another step towards finalizing and publishing the much anticipated changes to the so-called “persuader” rule. On Monday, the DOL’s Office of Labor-Management Standards submitted a proposed final rule to the Office of Management and Budget (OMB), the final step before a rule may be published. The DOL has signaled that it intends to publish the final rule by March 2016, but s...



California Employers Will Face Significant New Equal Pay Law

October 6, 2015 00:16
by James J. McDonald Jr.
California employers will soon be subject to a new equal pay law that will create a much stricter standard for gender pay equity. Passed by the state legislature with broad bipartisan support and signed into law by Governor Jerry Brown on October 6, 2015, this new law is considered the most aggressive equal pay law in the nation. California employers will want to begin preparing immediately for its impact. For more details, please read our Legal Alert.

Equal Pay | California

New Jersey Minimum Wage Will Hold Steady In 2016

October 1, 2015 03:50
by Gregg Salka
New Jersey’s minimum wage will remain at $8.38 per hour for 2016, the state government recently announced. As we reported on January 2, 2015, New Jersey’s constitution requires that the state minimum wage increase annually (and proportionally) if there is an increase of the consumer price index for all urban wage earners and clerical workers (CPI-W) for the prior year. The New Jersey Department of Labor and Workforce Development, Division of Economic and Demographic Research (DOL) r...

Minimum Wage | New Jersey

Tacoma's New Paid Sick Leave Ordinance: What Employers Need to Know

September 28, 2015 07:18
by Rochelle Nelson
Tacoma has now joined Seattle as the third city in Washington State to mandate paid sick leave for employees (certain hospitality and transportation workers employees in SeaTac also receive this benefit). The new law will go into effect February 1, 2016. Tacoma has just issued its rules interpreting this law, making this the best time for employers to take steps to comply. Employers should note that Tacoma’s law differs from Seattle’s law in many aspects, and should thus not assume ...

Paid Sick-Leave

Firm Critiques USDOL's Exemption Initiative

September 10, 2015 07:02
by Joseph W. Ambash
Last Thursday, Fisher & Phillips filed its own extensive comments on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. The firm's presentation expresses opposition to USDOL's undertaking in largely every respect. The comments also note that USDOL has in most cases offered no specific regulatory language for public review, including as to any revisions in the duties-related exemption requirements. We have agai...

You’re Not the Boss of Me – The NLRB May Disagree

August 28, 2015 02:58
by Gregory D. Hanscom
With a few key strokes, the NLRB yesterday, in a 3-2 decision down party lines, wiped away years of precedent and re-wrote, or, in its words “refined,” the definition of a joint employer. In a ruling that will, if upheld through inevitable appeals, significantly impact the franchise, outsourcing and many other industries, the NLRB decided a California company, Browning-Ferris Industries, was a joint employer of workers hired by a staffing firm. In reaching this conclusion, the NLRB j...


Trade Secret Legislation Reintroduced in Congress (3rd Time)

August 5, 2015 00:03
by Michael R. Greco
Congress is at it again, introducing legislation that would create a federal cause of action for trade secret misappropriation. But this time, support is not only bipartisan, it is bicameral. Read on to get the details.

Proposed Regulations Published ─ Salary Floor Would Be Doubled

June 30, 2015 04:07
by John Thompson
The anxiously-awaited proposed changes in regulations defining the FLSA's executive, administrative, professional, outside-sales, and derivative exemptions have been published by the U.S. Labor Department for public consideration and comment.

Administrative Exemption | Computer Employees

Efforts to Prevent Localities from Enacting Sick Leave and Minimum Wage Ordinances Introduced in the New Jersey Legislature

May 14, 2015 23:46
by Jason A. Storipan
Recently, bills addressing localities’ ability to enact paid sick leave and minimum wage laws (and possibly any local laws governing private employment) were introduced in each chamber of the New Jersey Legislature. The bills, A.B. 4363 and S.B. 2865, would prohibit cities, counties, and other local entities from increasing the minimum wage or adopting mandatory paid sick leave requirements for private employers. The legislation, if enacted, would nullify mandatory sick leave policies al...

Minimum Wage | New Jersey

Pennsylvania House of Representatives Votes to End Stalking, Harassment and Terroristic Threats in Labor Disputes

April 22, 2015 08:36
by Lori Armstrong Halber
Currently, harassment, stalking and threatening to use a weapon of mass destruction are all crimes – unless you are a union member engaged in a labor dispute. Yesterday, April 22, 2015, the Pennsylvania House of Representatives passed a bill to end the crimes code carveout allowing parties to a labor dispute to stalk, harass, and make deadly threats. The measure comes after the federal indictment and conviction of Ironworkers Local 401, whose leaders and members were charged with multiple...

Pennsylvania | Harassment

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